Guide · Litigation

Jurisdiction, Venue, and Removal: A Comprehensive Guide to Choosing and Contesting the Forum

28 U.S.C. § 1331

Type
Guide
Jurisdiction
National
Date
2024-10-21
Topic
Litigation

This guide sets out the law governing where a civil case may be filed, kept, and moved. Part 1 covers subject matter jurisdiction — federal question, diversity, supplemental, and the class action provisions — with the citizenship rules that decide most disputes. Part 2 covers personal jurisdiction from International Shoe through Mallory, including the federal reach of Rule 4(k) and the treatment of internet contacts. Part 3 covers venue, transfer, and forum non conveniens. Part 4 covers removal and remand in operational detail, including deadlines, unanimity, the forum defendant rule, fraudulent joinder, and fee awards. Part 5 covers forum selection clauses and arbitration. Later parts address sovereign defendants, jurisdictional discovery, burdens of proof, waiver, and the appellate posture of each ruling.

Jurisdiction, Venue, and Removal: A Comprehensive Guide to Choosing and Contesting the Forum

Litigation > Jurisdiction, Venue, and Removal | Published 21 October 2024 - Updated 17 February 2025 | UpLaw - uplaw.us

Part 1 — Subject Matter Jurisdiction

1.1 The Constitutional Floor

Article III limits the federal judicial power to enumerated categories, of which two matter for ordinary civil practice: cases arising under federal law, and controversies between citizens of different states. Congress has granted less than Article III permits, so the statutes — not the Constitution — control day to day.

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